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Full-Text Articles in Business

Are Literary Agents (Really) Fiduciaries?, Jacqueline Lipton Jul 2019

Are Literary Agents (Really) Fiduciaries?, Jacqueline Lipton

Articles

2018 was a big year for “bad agents” in the publishing world. In July, children’s literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahnuik (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …


Robert 0 . Scarborough, Jr Et Al., Order On Defendants' Motion For Judgment On The Pleadings As To Counts Iv, Vi, Vii Of The Fourth Amended Complaint, Elizabeth E. Long Mar 2019

Robert 0 . Scarborough, Jr Et Al., Order On Defendants' Motion For Judgment On The Pleadings As To Counts Iv, Vi, Vii Of The Fourth Amended Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Serivces, Llc Et Al., Order On Summary Judgment Motions, John J. Goger Mar 2019

Drummond Financial Serivces, Llc Et Al., Order On Summary Judgment Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Equitrade International, Inc. Et Al., Final Order Granting Defendant's Motion For Summary Judgment And Closing Case, John J. Goger Mar 2019

Equitrade International, Inc. Et Al., Final Order Granting Defendant's Motion For Summary Judgment And Closing Case, John J. Goger

Georgia Business Court Opinions

No abstract provided.


John Souza Et Al., Order On Defendants' Motions For Summary Judgment, Elizabeth E. Long Mar 2019

John Souza Et Al., Order On Defendants' Motions For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Samaca, Llc, Amended Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendants' Motion For Legal Expenses, Alice D. Bonner Mar 2019

Samaca, Llc, Amended Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendants' Motion For Legal Expenses, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Gush. Small Et Al., Order On Defendant Lankford's Motion To Compel Discovery And Plaintiffs' Motion For Protective Order, John J. Goger Mar 2019

Gush. Small Et Al., Order On Defendant Lankford's Motion To Compel Discovery And Plaintiffs' Motion For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services, Llc, Order On Motions For Protective Orders And To Quash Proposed Depositions And To Amend The Case Management Order, John J. Goger Mar 2019

Drummond Financial Services, Llc, Order On Motions For Protective Orders And To Quash Proposed Depositions And To Amend The Case Management Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson Feb 2019

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Samaca, Llc, Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendant's Motion For Legal Expenses, Alice D. Bonner Feb 2019

Samaca, Llc, Order On Defendants' Motion For Attorneys' Fees And Expenses And Plaintiff Samaca, Llc's Cross Motion To Compel Arbitration Of Defendant's Motion For Legal Expenses, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Nancy Johnson Et Al., Order Denying Motion To Withdraw As Counsel, Kathy Lee Ellerbee Feb 2019

Nancy Johnson Et Al., Order Denying Motion To Withdraw As Counsel, Kathy Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Nancy Johnson Et Al., Order On Discovery Dispute, Kelly Lee Ellerbee Feb 2019

Nancy Johnson Et Al., Order On Discovery Dispute, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Greenlife Energy Solutions, Llc, Order On Motions To Dismiss, Kelly Lee Ellerbe Feb 2019

Greenlife Energy Solutions, Llc, Order On Motions To Dismiss, Kelly Lee Ellerbe

Georgia Business Court Opinions

No abstract provided.


Morris Hardwick Schneider, Llc Order On Plaintiff's Motion To Compel, Kelly Lee Ellerbee Feb 2019

Morris Hardwick Schneider, Llc Order On Plaintiff's Motion To Compel, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Premier Porfolio 2, Llc Order On Motion To Dismiss, Elizabeth E. Long Jan 2019

Premier Porfolio 2, Llc Order On Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Drummond Financial Services, Llc, Order On Pending Motions And Discovery Disputes, John J. Goger Jan 2019

Drummond Financial Services, Llc, Order On Pending Motions And Discovery Disputes, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Morris Hardwick Schneider, Llc Order Striking Defendant Divot Holdings, Llc's Answer, Kelly Lee Ellerbee Jan 2019

Morris Hardwick Schneider, Llc Order Striking Defendant Divot Holdings, Llc's Answer, Kelly Lee Ellerbee

Georgia Business Court Opinions

No abstract provided.


Bronner V. Hardy Et Al., Order On Pending Motions For Summary Judgment, Melvin Westmoreland Jan 2019

Bronner V. Hardy Et Al., Order On Pending Motions For Summary Judgment, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner Jan 2019

Cambridge Swinerton, Llc, Order Denying Defendant New Alenco Windows, Ltd.'S Motion To Transfer Venue, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari Jan 2019

Decoding Smart Contracts: Technology, Legitimacy, & Legislative Uniformity, Jared Arcari

Fordham Journal of Corporate & Financial Law

Blockchain technology is increasingly permeating the everyday lives of countless people. Applications of the cutting-edge technology range from secured banking to tracking mortgage titles. A particular blockchain technology, dubbed “smart contracts,” has the potential to revolutionize how individuals and companies securely contract with each other. Smart contracts, however, are not widely employed, mainly because potential users are uncertain of their enforceability as contracts under existing state contract laws. Similar skepticism slowed the acceptance of electronic signatures in the late 1990s, but was resolved ultimately through a model uniform act recognizing electronic signatures’ effectiveness across interstate borders. This Note proposes a …


Advanced Artificial Intelligence And Contract, John Linarelli Jan 2019

Advanced Artificial Intelligence And Contract, John Linarelli

Scholarly Works

The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cognitive abilities to interact with humans to exchange promises or otherwise engage in the sorts of exchanges typically governed by contract law. AGI is a long way off but its emergence may be sudden and come in the lifetimes of some people alive today. How might contract law adapt to a situation in which at least one of the contract parties could, from the standpoint of capacity to engage in promising and …


Coin-Operated Capitalism, Shaanan Cohney, David A. Hoffman, Jeremy Sklaroff, David A. Wishnick Jan 2019

Coin-Operated Capitalism, Shaanan Cohney, David A. Hoffman, Jeremy Sklaroff, David A. Wishnick

All Faculty Scholarship

This Article presents the legal literature’s first detailed analysis of the inner workings of Initial Coin Offerings. We characterize the ICO as an example of financial innovation, placing it in kinship with venture capital contracting, asset securitization, and (obviously) the IPO. We also take the form seriously as an example of technological innovation, where promoters are beginning to effectuate their promises to investors through computer code, rather than traditional contract. To understand the dynamics of this shift, we first collect contracts, “white papers,” and other contract-like documents for the fifty top-grossing ICOs of 2017. We then analyze how such projects’ …


Intellectual Property: Commercializing In A University Setting, Cynthia L. Dahl Jan 2019

Intellectual Property: Commercializing In A University Setting, Cynthia L. Dahl

All Faculty Scholarship

If an academic entrepreneur wants to commercialize their invention, they must first clarify who owns the invention, and then decide on the best commercialization possibility. This short chapter describes the various scenarios that might occur in a university setting. In most cases, a university will own the invention created by its researchers and faculty because of their employment. A university may then either license out the entrepreneur’s invention to a third-party company to further develop and commercialize, or may license the invention back to the entrepreneur so that they may commercialize it themselves through a start-up. Such license agreements will …


Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl Jan 2019

Intellectual Property: Ownership And Protection In A University Setting, Cynthia L. Dahl

All Faculty Scholarship

Before an academic entrepreneur may protect or commercialize an invention, they must understand if they own the rights to it. This short chapter helps the inventor to consider the various scenarios that occur in a university setting. It advises the inventor how to seek a waiver from the university if they believe they are the true owner of the invention. If the facts indicate that the invention should be owned by the university, the chapter also discusses how a university decides to formally protect the invention through patent or copyright. Finally, the chapter advises the inventor how to stay involved …


No-Hire Provisions In Mcdonald's Franchise Agreements, An Antitrust Violations Or Evidence Of Joint Employer?, Andrele Brutus St. Val Jan 2019

No-Hire Provisions In Mcdonald's Franchise Agreements, An Antitrust Violations Or Evidence Of Joint Employer?, Andrele Brutus St. Val

Articles

As the archetypical franchisor and industry leader, McDonald’s has come under much public and legal scrutiny in recent years for its business practices and its effects on low-wage and unskilled employees. Its no hire provision—which is a term included in its franchise agreements with franchisees that bars franchisees from hiring each others employees—has been found by economist to suppress wages and stagnate growth. This provision is being challenged under antitrust law while its employment practices are being disputed under labor law. McDonald’s is defending its business practices by presenting two seemingly contradictory defenses. This article explores how McDonald’s position in …


Back To The Future Of Cyber Insurance, Tom Baker Jan 2019

Back To The Future Of Cyber Insurance, Tom Baker

All Faculty Scholarship

Written for an insurance trade publication, this brief essay identifies five ways that insurers manage uncertainty in selling cyber insurance: (1) providing valuable services beyond risk transfer; (2) contract design, (3) rapid iteration of pricing and forms, (4) limits management and reinsurance, and (5) claims disputing. Cyber insurers provide easy-to-price loss prevention and mitigation services so that the value proposition includes more than the (difficult to price) risk transfer. Cyber insurers design their contracts to include narrowly defined categories of coverage, typically with separate limits and with claims-made coverage for liability risks, and traditional insurers design their contracts to limit …